In this instance, it's the University of South Carolina in Columbia, which is being sued for discrimination by the local chapter of the Christian Legal Society.  The university withholds student activity fees to religious student organizations; fees that are provided to other student groups.  Candi Cushman is the Education Analyst at Focus on the Family Action.  

"It's amazing that in this day and age, Christian students actually have to fight for the right to have a Christian club.  You know, you would think that's a right we have but students are actually having to fight for this right in many universities across the land." 

More than a decade ago the highest court in the land told colleges they can't treat religious student groups differently.  Steven H. Aden is with the Alliance Defense Fund, one of the legal organizations challenging the University of South Carolina on behalf of the CLS chapter.

"The Supreme Court held thirteen years ago that public universities may not discriminate against Christian student groups on the basis of their religious viewpoint, in funding."

Still, these types of cases spring up at campuses around the nation.  It often starts when a religious club limits its membership, which becomes a complaint about discrimination.  Samantha Harris is with the Foundation for Individual Rights in Education.

"What a university can't do is prohibit a student group from making belief-based membership choices, in terms of selecting its members. So a Christian student organization is entitled to limit its members who are Christian."

And Harris argues that withholding activity fees from the Christian clubs brings about viewpoint discrimination.